Patna High CourtCR. MISC./10522/2023allowed

Basant Kumar v. The State Of Bihar

2023-04-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10522 of 2023 Arising Out of PS. Case No.-320 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== Basant Kumar S/O Deep Narayan Chaudhary Resident Of Village And Post Sahdullahpur, P.S.- Ganga Bridge, District- Vaishali. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 25(1b)a/26 of Arms Act. As per prosecution case, informant alleged that on 30.12.2022, after getting information he along with police party reached at the place and apprehended the petitioner and on search one pistol, two pellets and one loaded country made pistol and other articles recovered from his possession.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.10522 of 2023(2) dt.18-04-2023 2/2 falsely been implicated in this case due to political enmity. Petitioner has no concern with the alleged recovery and nothing has been recovered from his conscious possession. It is further submitted that the seizure list has not been prepared as per Section 100 of the Cr.P.C. moreover, he is languishing in judicial custody since 31.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ganga Bridge P.S. Case No. 320 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Manish/- U T